O.C.G.A.

O.C.G.A. § 15-11-523 (2019)

Amendment of petition

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) A prosecuting attorney may amend a petition alleging delinquency at any time prior to the commencement of the adjudication hearing. However, if an amendment is made, a child may request a continuance of his or her adjudication hearing. A continuance may be granted by the court for such period as required in the interest of justice.

(b) When a petition alleging delinquency is amended to include material changes to the allegations or new charges of delinquency for adjudication, the petition shall be served in accordance with Code Sections 15-11-530 and 15-11-531.

History

Code 1981, § 15-11-523, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 15-11-39.1 which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor’s notes at the beginning of the chapter. Permitting state’s mid-trial amendment of petition to change the charge against the juvenile from a misdemeanor

to a felony was error since the amendment was done without notice and provision of a continuance to allow additional time for preparation of a defense. In re D.W, 232 Ga. App. 777, 503 S.E.2d 647 (1998) (decided under former O.C.G.A. § 15-11-39.1). Amendment erroneously allowed. - Trial court erred in allowing an amendment to the delinquency petition because the state sought to make a material

amendment to the petition absent proper notice and service and after the hearing had commenced and jeopardy attached

pursuant to O.C.G.A. § 15-11-480(b). In the Interest of J.H., 335 Ga. App. 848, 783 S.E.2d 367 (2016).

PART 7 SUMMONS AND SERVICE

Notes of Decisions

Cited in 2 cases, 2016–2018 · leading case: In the Interest of J. H., a Child, 783 S.E.2d 367 (Ga. Ct. App. 2016).

Sort: Relevance Newest Treatment

In the Interest of J. H., a Child, 783 S.E.2d 367 (Ga. Ct. App. 2016). · cites it 14× “The sole issue in this case involves the juvenile court’s interpretation of OCGA § 15-11-523, which governs the amendment of a juvenile delinquency petition.”

In the Interest of C. W., a Child, 815 S.E.2d 123 (Ga. Ct. App. 2018). · cites it 2× “OCGA § 15-11-523 (c). 6 Immediately before moving to dismiss, C.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.